FLR-M - In country British spouse & children and non eu spouse.

[kbookworm]

Hi all,

This forum is really great. Please let me explain our situation.

Background: Husband and children are British, wife is non-eu. We met in wife's non-eu country and got married, all documents stamped by British consulate. We lived there and had our first child, who is British. We all moved to a EU country for work and wife was permitted on EEA family member card and our second child was born there, British also. We all returned to wife's country for a few years for work.

Situation: Recently arrived in the UK due to serious macro and micro level problems in wife's country, which put wife and kids under risk, also some personal incidents involving harassment and threat. All throughout time husband was working and supporting wife and family. They came to UK 5 months ago on visitor visa and based on legal advice have applied for FLR M. We do not meet the £18600 income threshold, do not have £62500 in savings either. The advice is we are applying based on right to private family life etc.

At the moment we rent a house privately, council tax etc. kids in school and GP, husband is working part time/ 0 hour contract in UK, earning £200+ per week. Wife cares for children. We paid the application fee and IHS fee and attended BRP appointment and they took passport. We showed 20000+ in savings and have access to same amount in assets, we do not access benefit as we are above the threshold. We submitted in-country application due to problems returning to wife's country.

Evidence: We submitted identity documents, marriage and birth certificates, bank statements, tenancy, bills, school and GP letters, letters from us, family and friends, payslips, previous employer letters about living status, travel itineraries, photo etc.

Currently our application is submitted and our immigration advisor is the listed contact, registered with OISC. Just wondered if you could help with some insights on our case and how we can best prepare for any eventuality.

Thanks

[secret.simon]

I am surprised that your wife was allowed into the UK on a visit visa at all, for precisely the reason that applications like yours (of applying on human rights law rather than FLR(M)) would follow, attempting to bypass the strict UK Immigration Rules.

As an aside, you can't switch to any other form of Leave from a visit visa. Therefore any application made by your wife is outside the Immigration Rules already.

Your wife will most likely not get a five year FLR(M) visa as she and you don't meet the requirements. She will likely be granted either an FLR(FP) or LOTR (Leave Outside The Rules) visa, both of which will lead to ILR after 10 years of residence in the UK.

We showed 20000+ in savings and have access to same amount in assets

Illiquid assets (anything not in an easily accessible bank account fore more than six months) don't count, nor do savings less than £16,000.

So, effectively, you have only shown savings of ~£4,000.

[kbookworm]

Hi,

The case was submitted as FLR m will it be considered as Flr fp /LOTR or does it need to be resubmitted?